VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_24-vv-00114
Package ID: USCOURTS-cofc-1_24-vv-00114
Petitioner: Steven W. Howard
Filed: 2024-01-26
Decided: 2024-11-26
Vaccine: influenza
Vaccination date: 2021-10-19
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 60092

AI-assisted case summary:
Steven W. Howard filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 19, 2021. He stated that he received the vaccine within the United States, that his SIRVA had residual effects for more than six months, and that no civil action or prior compensation had been sought for this injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that the petitioner's alleged injury was consistent with SIRVA, a defined Table injury, and that all legal prerequisites for compensation had been met. Subsequently, a ruling on entitlement was issued, finding Mr. Howard entitled to compensation. Following this, the respondent filed a proffer on the award of compensation, recommending an award of $60,092.18, which included $60,000.00 for pain and suffering and $92.18 for past unreimbursable expenses. Mr. Howard agreed with this proffered award. The Chief Special Master issued a decision awarding Mr. Howard a lump sum payment of $60,092.18.

Theory of causation field:
Table

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_24-vv-00114-0
Date issued/filed: 2024-10-29
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 09/27/2024) regarding 27 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00114-UNJ Document 34 Filed 10/29/24 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0114V
STEVEN W. HOWARD, Chief Special Master Corcoran
Petitioner, Filed: September 27, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Elizabeth Martin Muldowney, Sands Anderson, P.C., Richmond, VA, for Petitioner.
Jeremy Mauritzen, U.S. Department of Justice, Washington, DC, for Respondent.
RULING ON ENTITLEMENT1
On January 26, 2024, Steven W. Howard filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury, or in the alternative a caused-in-fact
injury, after receiving an influenza (“flu”) vaccine on October 19, 2021. Petition at 1 ¶¶ 2,
16. Petitioner also alleged that he received the flu vaccine within the United States, that
he suffered the residual effects of his SIRVA for more than six months, and that neither
he nor any other party has filed a civil action or received compensation for his SIRVA,
1 Because this Ruling contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Ruling will be available to anyone with access to the internet. In accordance
with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that
the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:24-vv-00114-UNJ Document 34 Filed 10/29/24 Page 2 of 2
alleged as vaccine-related. Id. at ¶¶ 2, 16-17. The case was assigned to the Special
Processing Unit of the Office of Special Masters.
On September 26, 2024, Respondent filed his Rule 4(c) Report in which he
concedes that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c)
Report at 1. Specifically, Respondent believes “that [P]etitioner’s alleged injury is
consistent with SIRVA as defined by the Vaccine Injury Table.” Id. at 3. He adds that
“based upon the record as it now stands, [P]etitioner has satisfied all legal prerequisites
for compensation under the Act.” Id. at 4.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_24-vv-00114-1
Date issued/filed: 2024-11-26
Pages: 5
Docket text: PUBLIC DECISION (Originally filed: 10/24/2024) regarding 30 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (ppa) Service on parties made.
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Case 1:24-vv-00114-UNJ Document 35 Filed 11/26/24 Page 1 of 5
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 24-0114V
STEVEN W. HOWARD, Chief Special Master Corcoran
Petitioner, Filed: October 24, 2024
v.
SECRETARY OF HEALTH AND
HUMAN SERVICES,
Respondent.
Elizabeth Martin Muldowney, Sands Anderson, P.C., Richmond, VA, for Petitioner.
Jeremy Mauritzen, U.S. Department of Justice, Washington, DC, for Respondent.
DECISION AWARDING DAMAGES1
On January 26, 2024, Steven W. Howard filed a petition for compensation under
the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that he suffered a shoulder injury related to vaccine
administration (“SIRVA”), a defined Table injury, or in the alternative a caused-in-fact
injury, after receiving an influenza (“flu”) vaccine on October 19, 2021. Petition at 1 ¶¶ 2,
16. The case was assigned to the Special Processing Unit of the Office of Special
Masters.
On September 27, 2024, a ruling on entitlement was issued, finding Petitioner
entitled to compensation for her SIRVA. On October 24, 2024, Respondent filed a proffer
on award of compensation (“Proffer”) indicating Petitioner should be awarded $60,092.18,
representing compensation in the amounts of $60,000.00 for pain and suffering and
1 Because this Decision contains a reasoned explanation for the action taken in this case, it must be made
publicly accessible and will be posted on the United States Court of Federal Claims' website, and/or
at https://www.govinfo.gov/app/collection/uscourts/national/cofc, in accordance with the E-Government
Act of 2002. 44 U.S.C. § 3501 note (2018) (Federal Management and Promotion of Electronic Government
Services). This means the Decision will be available to anyone with access to the internet. In
accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other
information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I
agree that the identified material fits within this definition, I will redact such material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all section references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2018).

Case 1:24-vv-00114-UNJ Document 35 Filed 11/26/24 Page 2 of 5
$92.18 for past unreimbursable expenses. Proffer at 1-2. In the Proffer, Respondent
represented that Petitioner agrees with the proffered award. Id. Based on the record as a
whole, I find that Petitioner is entitled to an award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $60,092.18, representing compensation in the amounts of
$60,000.00 for pain and suffering and $92.18 for actual unreimbursable expenses
in the form of a check payable to Petitioner. This amount represents compensation for
all damages that would be available under Section 15(a).
The Clerk of Court is directed to enter judgment in accordance with this decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:24-vv-00114-UNJ Document 35 Filed 11/26/24 Page 3 of 5
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
STEVEN HOWARD,
Petitioner,
v. No. 24-114V
Chief Special Master Brian H. Corcoran
SECRETARY OF HEALTH AND ECF
HUMAN SERVICES,
Respondent.
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On January 26, 2024, Steven Howard (“petitioner”) filed a petition for compensation
under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. §§ 300aa-1 to -34
(“Vaccine Act” or “Act”), alleging that he suffered a Shoulder Injury Related to Vaccine
Administration (“SIRVA”), as defined in the Vaccine Injury Table, following administration of
an influenza vaccine he received on October 19, 2021. Petition at 1. On September 26, 2024,
the Secretary of Health and Human Services (“respondent”) filed a Rule 4(c) Report indicating
that this case is appropriate for compensation under the terms of the Act for a SIRVA Table
injury, and on September 27, 2024, the Chief Special Master issued a Ruling on Entitlement
finding petitioner entitled to compensation. ECF No. 26; ECF No. 27.
I. Items of Compensation
A. Pain and Suffering
Respondent proffers that petitioner should be awarded $60,000.00 in pain and suffering.
See 42 U.S.C. § 300aa-15(a)(4). Petitioner agrees.

Case 1:24-vv-00114-UNJ Document 35 Filed 11/26/24 Page 4 of 5
B. Past Unreimbursable Expenses
Evidence supplied by petitioner documents that he incurred past unreimbursable expenses
related to his vaccine-related injury. Respondent proffers that petitioner should be awarded past
unreimbursable expenses in the amount of $92.18. See 42 U.S.C. § 300aa-15(a)(1)(B).
Petitioner agrees.
These amounts represent all elements of compensation to which petitioner is entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
II. Form of the Award
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respondent recommends that the compensation provided to petitioner should be made through a
lump sum payment as described below and requests that the Chief Special Master’s decision and
the Court’s judgment award the following1: a lump sum payment of $60,092.18 in the form of a
check payable to petitioner.
III. Summary of Recommended Payments Following Judgment
Lump sum payable to petitioner, Steven Howard: $60,092.18
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
C.SALVATORE D’ALESSIO
Director
Torts Branch, Civil Division
HEATHER L. PEARLMAN
Deputy Director
Torts Branch, Civil Division
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future lost earnings
and future pain and suffering.
2

Case 1:24-vv-00114-UNJ Document 35 Filed 11/26/24 Page 5 of 5
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ JEREMY MAURITZEN
JEREMY MAURITZEN
Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146
Benjamin Franklin Station
Washington, D.C. 20044-0146
Tel: (202) 307-5710
Jeremy.Muritzen@usdoj.gov
Dated: October 24, 2024
3